Background
Benjamen Federman claimed to have founded 1saleaday.com in October 2006 and has since generated more than $US25 million in gross sales, case document revealed.
According to WIPO documents, Federman applied to register the 1SALEADAY trademark with the Australian Trade Marks Office on August 26, 2009.
Simon Mochkin and Eli Feiglin incorporated One Sale A Day Pty Ltd on June 30, 2008 after registering onesaleaday.com.au and 1saleaday.com.au on May 20, 2008.
In October 2008, Mochkin and Feiglin contacted Federman to establish a "1SaleADay" website in Australia. A verbal agreement was reached for them to begin a "1SaleADay" business in Australia.
According to the WIPO documents, for the next two years there was disagreements about the use of the 1SALEADAY trademark "over sale of certain goods and services" and about the non-payment by Mochkin and Feiglin of invoices supplied by Federman.
On May 12, 2010, Federman "sent a cease and desist letter" requesting that the pair no longer use the 1SALEADAY trademark. The respondents "did not respond to this letter" and "continued to operate the website".
NEXT: Contention and final decision
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